59th Congress, [ HOUSE OF REPRESENTATIVES. J Report 

1st Session. j J No. 4925. 


STATEHOOD BILL. 


June 13, 1906.—Ordered to be printed. 


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Mr. Hamilton, from the 'committee of conference, submitted the 

following 

CONFERENCE REPORT 

[To accompany H. K. 12707.] 

The committee of conference on the disagreeing votes of the two 
Houses on the amendments of the Senate to the bill (H. R. 12707) “To 
enable the people of Oklahoma and of the Indian Territory to form a 
constitution and State government and be admitted into the Union on 
an equal footing with the original States; and to enable the people of 
New Mexico and of Arizona to form a constitution and State gov¬ 
ernment and be admitted into the Union on an equal footing with the 
original States,” having met, after full and free conference have 
agreed to recommend and do recommend to their respective Houses 
as follows: 

That the Senate recede from its amendments numbered 1, 2, 3, 4, 5, 
7, 13, 37, and 38. 

That the House recede from its disagreement to the amendments of 
the Senate numbered 9, 10, 12, 14, 15, 18, 19, 20, 21, 22, 23, 24, 25, 
20, 28, 29, 30, 31, 32, 33, 34, 35, 36, and 39, and agree to the same. 

Amendment numbered 6: 

That the House recede from its disagreement to the amendment of 
the Senate numbered 6, and agree to same with an amendment as 
follows: 

Strike out all of said amendment and insert: and the governor , the 
chief justice , and the secretary of the Territory of Oklahoma shall 
appoint an election commissioner who shall establish voting 'precincts in 
said Osage Indian Reservation , and shall appoint the judges for elec¬ 
tion in said Osage Indian Reservation ; and the Senate agree to the 
same. 

Amendment numbered 8: 

That the House recede from its disagreement to the amendment of 
the Senate numbered 8, and agree to the same with an amendment as 
follows: 

Strike out “each of said districts” and insert said Osage district ; 
and the Senate agree to the same. T hi h ? \ ]*,} V> 


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STATEHOOD BILL. 



Amendment numbered 11: 

That the House recede from its disagreement to the amendment of 
the Senate numbered 11, and agree to the same with an amendment as 
follows: 

After u President” strike out “who;” and the Senate agree to the 
same. 

Amendment numbered 16: 

That the House recede from its disagreement to the amendment of 
the Senate numbered 16, and agree to the same with an amendment as 
follows: 

In lieu of the matter stricken out by said amendment insert the fol¬ 
lowing: and shall not he changed therefrom previous to anno Domini 
nineteen hundred and thirteen , but said capital shall , after said year , 
he located by the electors of said State at an election to he provided for 
by the legislature: Provided , however , That the legislature of said State , 
except as shall he necessary for the convenient transaction of the public 
business of said State at said capital , shall not appropriate any public 
moneys of the State for the erection of buildings for cap itol purposes 
during such period; and the Senate agree to the same. 

Amendment numbered 17: 

That the House recede from its disagreement to the amendment of 
the Senate numbered 17, and agree to the same with an amendment 
as follows: Strike out “or in which the United States maintained 
laws prohibiting the traffic in intoxicating liquorsand the Senate 
agree to the same. 

Amendment numbered 27: 

That the House recede from its disagreement to the amendment of 
the Senate numbered 27, and agree to the same with an amendment as 
follows: Strike out all of said amendment and insert: 

Where any part of the lands granted by this Act to the State of Okla¬ 
homa are valuable for minerals , which term shall also include gas and 
oil , such lands shall not be sold by the said State prior to January first, 
nineteen hundred and fifteen / but the same may be leased for periods 
not exceeding five years by the State officers duly authorized for that 
purpose , such leasing to be made by public competition after not less than 
thirty days 7 advertisement in the manner to be prescribed by law, and 
all such leasing shall be done under sealed bids and awarded to the 
highest responsible bidder. The leasing shall require and the adver¬ 
tisement shall specify in each case a fixed royalty to be paid by the suc- 
cessfid bidder , in addition to any bonus offered for the lease , and all 
proceeds from leases shall be covered into the fund to which they shall 
properly belong , and no transferor assignment of any lease shall be valid 
or confer any right in the assignee without the consent of the proper 
State authorities in writing: Provided , however , That agricidtural 
lessees in possession of such lands shall be reimbursed by the mining 
lessees for all damage done to said agricultural lessees' interest therein 
by reason of such mining operations. The legislature of the State may 
prescribe additional legislation governing such leases not in conflict 
herewith. 

And the Senate agree to the same. 


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i»N 19 1906 

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STATEHOOD BILL. 


3 


Amendment numbered 40: 

That the House recede from its disagreement to the amendment of 
the Senate numbered 40, and agree to same with an amendment as fol¬ 
lows: In lieu of the matter stricken out by said amendment insert the 
following: 

Sec. 23. That the inhabitants of all that part of the area of the 
United States now constituting the Territories of Arizona and New 
Mexico , as at present described , may become the State of Arizona, as 
hereinafter provided. 

Sec. 2j. That at the general election to be held on the 6th day of 
November , 1906, all the electors of said Territories , respectively, quali¬ 
fied to vote at such election , are hereby authorized to vote for and choose 
delegates to form a convention for said Territories. The aforesaid 
convention shall consist of one hundred and ten delegates , sixty-six of 
which delegates shall be elected to said con vention by the people of the 
Territory of New Mexico and forty four by the people of the Territory 
of Arizona; and the governors , chief justices, and secretaries of each of 
said Territories , respectively , shall apportion the delegates to be thus 
elected from their respective Territories , as nearly as may be, equitably 
among the several counties thereof in accordance with the voting popu¬ 
lation as shown by the vote cast for Delegate in Congress in the respective 
Territories in nineteen hundred and four. 

That at the said general election and on the same ballots on which the 
names of candidates to the convention aforesaid are printed, there shall 
be submitted to said qualified electors of each of said Territories a ques¬ 
tion which shall be stated on the ballot in substance and form as follows: 

44 Shall Arizona and New Mexico be united to form one State f ” 

□ Yes. a No. 

Electors desiring to vote in the affirmative shall place a cross mark in 
the square to the left of the word 44 Yesf and those desiring to vote in 
the negative shall place a cross mark in the square to the left of the word 
u No” in the form above prescribed. The governors and secretaries of 
the respective Territories shall certify and transmit , as soon as may be 
practicable , the results of said election each to the other and likeivise to 
the Secretary of the Interior, and if it appears from the returns, thus 
certified that a majority of the qualified electors in each of said Territories 
who voted on the question aforesaid at such election voted in favor of the 
union of New Mexico and Arizona as (me State , then , and not otherwise , 
the inhabitants of that part of the area of the United. States now con¬ 
stituting the Territories of Arizona and New Mexico as at present 
described may become the State of Arizona .as hereinafter provided; 
but if in either of said Territories a majority of the qualified electors 
voting on the question aforesaid at such election shall appear by such 
certified returns to have voted against the union of said Territories , then , 
and in that event, section 23 and all succeeding sections of this act shall 
thereafter be null and void and of no effect, excepting that the appro¬ 
priation made in section Jjl hereof shall be and remain available for 
defraying all and every kind and character of. expense incurred on 
account of the election of delegates to the convention and the submission 
of the question aforesaid. 

The Governors of said Territories , respectively, shall , within thirty 
days after the approval of this act , by proclamation in which the afore¬ 
said apportionment of delegates to the convention shall be fully specified 


4 


STATEHOOD BILL. 


and announced and the aforesaid question to he voted on by the electors 
shall he clearly stated, order that the delegates aforesaid in their respec¬ 
tive Territories shall he voted for and the question aforesaid, shall he 
submitted to the qualified electors in each of said, Territories as herein- 
required at the aforesaid general election. Such election for delegates 
shall he conducted, the returns made and the certificates of persons 
elected to such convention issued, as near as may he, in the same man¬ 
ner as is prescribed hy the laws of said Territories, respectively, regu¬ 
lating elections therein of members of the legislature: Provided, 
That if it appears from the returns that a majority of the qualified 
electors in the Territory of Arizona who voted on the question at the 
election voted in favor of the union of New Mexico and Arizona as 
one State, then, and not otherwise, the secretary or other proper officer 
of said Territory of Arizona into whose hands the result of said 
election finally conies, shall immediately transmit and certify the result 
as to the election of delegates to the convention to the secretary of the 
Territory of New Mexico at Santa Fe, and if it appears from the returns 
from the election held in New Mexico that a majority of the qualified 
voters aforesaid voted in favor of joint statehood, then in that event the 
secretary of said Territory of New Mexico shall make up a temporary 
roll of the convention from the certified returns from both of said Ter¬ 
ritories, and he shall call the convention to order at the time herein 
required, and said convention when so called to order and organized 
shall he the sole j udge of the election and qualifications of its own mem¬ 
bers. Persons possessing the qualifications entitling them to vote at the 
aforesaid general election shall he entitled to vote on the ratification or 
rejection of the constitution if submitted to the people of said Terri¬ 
tories hereunder, and on the election of all officials whose election is tak¬ 
ing place at the same time, under such rides or regulations as said 
convention may prescribe, not in conflict with this Act. 

Sec. 25. That if a majority in each of said Territories at the election 
aforesaid shall vote for joint statehood, and not otherwise, the delegates 
to the convention thus elected shall meet in the hall of the house of rep¬ 
resentatives of the Territory of New Mexico, in the city of Santa Fe 
therein, at twelve o'clock noon on Monday, December third, nineteen 
hundred and six, hut they shall not receive compensation for more than 
sixty days of service, and after organization shall declare on behalf of 
the people of said proposed State that they adopt, the Constitution of the 
United States, whereupon the said convention shall, he, and is hereby, 
authorized to form a constitution and State government for said pro¬ 
posed State. * The constitution shall he republican in form, and make no 
distinction in civil or political rights on account of race or color, except 
as to Indians not taxed, and shall not he repugnant to the Constitution 
of the United States and the principles of the Declaration of Independ¬ 
ence. And said convention shall provide, hy ordinance irrevocable 
without the consent of the United States and the people of said State — 

First. That perfect toleration of religious sentiment shall he secured, 
and, that no inhabitant of said State shall ever he molested in person or 
property on account of his or her mode of religious worship ; and that 
polygamous or plural marriages and the sale, barter, or giving of intoxi¬ 
cating liquors to Indians are forever prohibited. 

Second. That the people inhabiting said proposed State do agree and 
declare that they forever disclaim all right and title to the unappropri¬ 
ated and ungranted public lands lying within thehoundaries thereof and 


STATEHOOD BILL. 


5 


l 


to all lands lying within said limits owned or held Inj any Indian or 
Indian tribes, except as hereinafter provided, and that until the title 
thereto shall have been extinguished by the United States the same shall 
be and remain subject to the disposition of the United States, and such 
Indian lands shall remain under the absolute jurisdiction and control 
of the Congress of the United States; that the lands and other property 
belonging to citizens of the United States residing without the said 
State shall never be taxed at a higher*' rate than the lands and other 
property belonging to residents thereof'; that no taxes shall be imposed 
by the State on lands or property therein belonging to or which may here¬ 
after be purchased by the United States or reserved for its use; but 
nothing herein, or in the ordinance herein provided for, shall preclude 
the said State from taxing, as other lands and other property are taxed, 
any lands and other property cnvned or held by any Indian who has sev¬ 
ered his tribal relations and has obtained from theUnited States or from 
any person a title thereto by patent or other grant, save and except such 
lands as have been or may be granted to any Indian or Indians under 
any Act of Congress containing a provision exempting the lands thus 
granted from taxation, but said ordinance shall provide that all such 
lands shall be exempt from taxation by said State so long and to such 
extent as such Act of Congress may prescribe. 

Th ird. That the debts and liabilities of said Territory of Arizona 
and of said Territory of New Mexico shall be assumed an d paid by said 
State, and that said State shall be subrogated to all the rights of indem¬ 
nity and reimbursement which either of said Territories now has. 

Fourth. That provision shall be made for the establishment and main - 
tenance of a system of public schools , which shall be open to all the 
children of said State and free from sectarian control; and that said 
schools shall always be conducted in English: Provided, That nothina 
in this Act shall preclude the teaching of other languages in said public 
schools. 


Fifth. That said State shall never enact any law restricting or 
abridging the right of suffrage on account of race , color, or previous 
condition of servitude, and that ability to read, write, and speak the 
English language sufficiently well to conduct the duties of the office 
without the aid of an interpreter shall be a necessary qualification for 
all State officers. 

Sixth. That the capital of said State shall temporarily be at the city 
of Santa Fe, in the present Territory of New Mexico, and shall not be 
changed therefrom previous to anno Domini nineteen hundred and 
fifteen, but the permanent location of said capital may, after said 
year, be fixed by the electors of said State , voting at an election to be 
provided for by the legislature. 

Sec. 26 . That in case a constitution and State government shall be 
formed in compliance with the provisions of this Act, the convention 
forming the same shall provide by ordinance for submitting, said con¬ 
stitution to the people of said proposed State for its ratification or rejec¬ 
tion, at an election to be held at a time fixed in said ordinance, which 
shall be not less than sixty days nor more than ninety days, from the 
adjournment of the convention, at which election the qualified voters 
of said proposed State shall vote directly for or against the proposed 
constitution and for or against any provisions thereof separately sub¬ 
mitted. The returns of said election shall be made by the election officers 
direct to the secretary of the Territory of New Mexico at Santa Fe; 


6 


STATEHOOD BILL. 


who, with the governors and chief justices of said Territories, or any four 
of the'}a, shall meet at said city o f Santa Fe on the third Monday after 
said election and shall canvass the same; and if a majority of the legal 
votes cast on that question shall he for the constitution the said canvassing 
hoard shall certify the result to the President of the United States, together 
with the statement of the votes cast thereon, and upon separate articles 
or propositions, and a copy of said constitution, articles, propositions, 
and ordinances. And if the constitution and government o f said pro¬ 
posed State arerepuhlican inform, and if the provisions in this Act have 
been complied with in the formation thereof, it shall he the duty of the 
President of the United States, within twenty days from the receipt of 
the certificate of the result of said election and the statement of the 
votes cast thereon and a copy of said constitution, articles, propositions, 
and ordinances from said hoard, to issue his proclamation announcing 
the result of said election, and thereupon the proposed State shall he 
deemed admitted by Congress into the Union, under and by virtue of 
this Act, under the name of Arizona, on an equal footing with the 
original States, from and after the date of said proclamation. 

The original of said constitution, articles, propositions, and ordi¬ 
nances, and the election returns, and a copy of the statement of the votes 
cast at said election shall he forwarded and turned over hy the secretary 
of the Territory of New Mexico to the State authorities. 

Sec. 27. That until the next general census, or until otherwise provided 
hy law, said State shall he entitled to two Representatives in the House 
of Representatives of the United States, which Representatives, together 
with the governor and other officers provided for in said constitution, 
and also all other State and county ofiicers, shall he elected on the same 
day of the election for the adoption of the constitution; and until said 
State officers are elected and qualified under the provisions of the con¬ 
stitution, and, the State is admitted into the Union, the Territorial ofii¬ 
cers of said Territories, respectively, including Delegates to Congress, 
shall continue to discharge the duties of their respective offices in said 
Territories until their successors are duly elected and qualified. 

Sec. 28. That upon the admission of said State into the Un ion there 
is hereby granted unto it. including the sections thereof heretofore 
granted, four sections of public land in each township in the proposed 
State for the support of free public nonsectarian common schools, to 
wit: Sections numbered thirteen, sixteen, thirty-three, and thirty-six, 
an d where such sections or any parts thereof have been sold or otherwise 
disposed of hy or under the authority of any Act of Congress other 
lands equivalent thereto, in legal subdivisions of not less than one 
quarter section and as contiguous as may he to the section in lieu of 
which the same is taken; such indemnity lands to he selected within 
said respective portions of said State in the manner provided 
in this Act: Provided, That the thirteenth, sixteenth, thirty- 
third, and thirty-sixth sections embraced in permanent reserva¬ 
tions for national purposes shall not at any time he subject to the 
grants nor to the indemnity provisions of this Act, hid other lands 
equivalent thereto may he selected for such school purposes in lieu thereof; 
nor shall any lands embraced in Indian, military, or other reservations 
of any character he subject to the grants of this Act, hut such reservation 
lands shall he subject to the indemnity provision of this Act: Provided, 
That nothing in this Act contained' shall repeal or affect any Act of 
Congress relating to the Casa Grande Ruin as now defined or as may 


STATEHOOD BILL. 


7 

be hereafter defined or extended, or the power of the United States 
over it, or any other lands embraced in the State hereafter set aside by 
Congress as a national park, game preserve, or for the preservation of 
objects of archseological or ethnological interest; and nothing con¬ 
tained in this Act shall interfere with the rights and ownership of 
the United States in any land hereafter set aside by Congress as 
national park, game preserve, or other reservation, or in the said* Casa 
Grande Rain as it now is or may be hereafter defined or extended by 
law, but exclusive legislation, in all cases whatsoever, shall be exercised 
by the United States, which shall have exclusive control and jurisdic¬ 
tion over the same; but nothing in this proviso contained shall be con¬ 
strued to prevent the service within said Casa Grande Ruin, or national 
parks, game preserves, and other reservations hereafter established by 
laic, of civil and criminal processes lawf ully issued by the authority of 
said State; and, said lands shall not be subject at any time to the school 
grants of this Act that maybe embraced within the metes and bounds of 
the national park, game preserve, and other reservation, or the said 
Casa Grande Ruin, as now defined, or may be hereafter defined; but 
other lands equivalent thereto may be selected for such school purposes 
hereinbefore provided in lieu thereof. 

Sec. 29. That three hundred sections of the un appropriated nonm ineral 
public lands within said State, to be selected and located in legal sub¬ 
divisions, as provided in this Act, are hereby granted to said State for 
the purpose of erecting legislative, executive, and judicialpublicbuilding s 
in the same, and for the payment ofthebonds heretofore or hereafter issued 
therefor. 

Sec. 30. That the lands granted to the Territory of Arizona by the 
Act of February eighteenth, eighteen hundred and eighty-one, entitled 
“An Act to grant lands to Dakota, Montana, Arizona, Idaho, and 
Wyoming for university purposes," are hereby vested in the proposed 
State to the extent of the full (quantity of seventy five sections, 
and any portion of said lands that may not have been selected 
by said Territory of Arizona may be selected by the said State. 
In addition to the foregoing, and in addition to all lands hereto¬ 
fore granted for such purpose, there shall be, and hereby %s, 
granted to said State, to take effect when the same is admitted 
to the Union, three hundred sections of land, to be selected from the 
public domain within said State in the same manner as provided in 
this Act, and the proceeds of all such lands shall constitute a permanent 
fund, to be safely invested and held by said State, and the income thereof 
be used exclusively for university purposes. The schools, colleges, and 
universities provided for in this Act shall forever remain under the 
exclusive control of the said State, and no part of the proceeds arising 
from the sale or disposal of any lands herein granted for educational 
purposes shall be used for the support of any sectarian or denomina¬ 
tional school, college, or university. 

Sec. 31. That nothing in this Act shall be so construed, except where 
the same is so specifically stated, as to repeal any grant of land hereto¬ 
fore made by any Act of. Congress to either . of said Territories, but 
such grants are hereby ratified and confirmed in and to said State, and 
all of the land that may not, at the time of the admission of said State 
into the Union, have been selected and segregated from the public 
domain, may be so selected and segregated in the manner provided in 
this Act. 


8 


STATEHOOD BILL. 


Sec. 3%. That five per centum of the proceeds of the sales. of public 
lands ly ing within said State which shall be sold by the United States 
subsequent to the admission of said State into the Union, after deduct¬ 
ing all the expenses incident to the same, shall be paid to the said State 
to be used as a permanent fund, the interest of which only shall be 
expended for the support of the common schools within said State. 
And there is hereby appropriated, out of any moneys in the Treasury 
not otherwise appropriated, the sum of five million dollars for the use 
and benefit of the common schools of said State. Said appropriation 
shall be paid by the Treasurer of the United States at such time and to 
such person or persons as may be authorized by said State to receive the 
same under laics to be enacted by said State, and until said State shall 
enact such laws said appropriation shall not be paid. Said appropri¬ 
ation of five million dollars shall be held inviolable and invested by said 
State, in trust, for the use and benefit of said schools. 

Sec. S3. That all lands herein granted for educational purposes may 
be appraised and disposed of only at public sale, the pjroceeds to consti¬ 
tute a permanent school fund, the income from which only shall be 
expended in the support of said schools. But said lands may, under 
such regulations as the legislature shall prescribe, be leased for periods 
of not more than ten years, and such common school land shall not be 
subject to preemption, homestead entry, or any other entry under the 
land laws of the United States, whether surveyed or unsurveyed, but 
shall be reserved for school purposes only. 

Sec. 3j. That in lieu of the grant of landfor purposes of internal im¬ 
provement made to new States by the eighth section of the Act of Septem¬ 
ber fourth, eighteen hundred and forty-one, which section is hereby repealed 
as to the proposed State, and in lieu of any claim or demand by the said 
State under the Act of September twenty-eighth, eighteen hundred and 
fifty, and section twenty-four hundred and seventy-nine of the Revised 
Statutes, making a grant of swamp and overflowed lands to certain 
States, which grant it is hereby declared is not extended to the said 
State, and in lieu of any grant of saline lands to said State, save 
as heretofore made, the following grants of land from public lands 
of the * United States within said State are hereby made, to wit: 

For the establishment and maintenance and support of insane asylums 
in the said State, two hundred thousand acres; for penitentiaries, two 
hundred thousand acres; for schools for the deaf, dumb , and the blind, 
two hundred thousand acres; for miners ’ hospitals for disabled miners, 
one hundred thousand acres; for normal schools, two hundred thousand 
acres; for State charitable, penal, and reformatory institutions, two 
hundred thousand acres; for agricultural and mechanical colleges, three 
hundred thousand acres: Provided, That the two national appropri¬ 
ations heretofore annually paid to the two agricultural and mechanical 
colleges of said Territories, respectively, shall, until the f urther order 
of Congress, continue to be paid to said State for the use of said respec¬ 
tive institutions; for schools of mines, two hundred thousand acres; 
for military institutes, two hundred thousand acres. 

Sec. 35. That all lands granted in quantity or as indemnity by this 
Act shall be selected, under the direction of the Secretary of the Interior , 
from the unappropriated public lands of the United States within the 
lim its of the said State, by a commission composed of the governor, 
surveyor-general, and attorney-general of said State; and no fees shall 


STATEHOOD BILL. 


9 


be charged for passing the title to the same or for the preliminary pro¬ 
ceedings thereof. 

Sec. 30. That all mineral lands shall be exempted from the grants 
made by this Act; but if any portion thereof shall be found by the 
Department of the Interior to be mineral lands, said State, by the com¬ 
mission provided for in section thirty-five hereof \ under the direction of 
the Secretary of the Interior, is hereby authorized and empowered to 
select, in legal subdivisions, an equal quantity of other unappropriated 
lands in said State in lieu thereof. 

Sec. 37. That the said State, when admitted as aforesaid, shall con¬ 
stitute two judicial districts, to be named, respectively, the eastern and 
western districts of Arizona, the boundaries of said districts to be the 
same as the boundaries of said Territories, respectively, and the circuit 
and district court of said districts shall be held, respectively, at Albu¬ 
querque and Phoenix for the time being, and the said districts shall, 
for judicial purposes, until otherwise provided, be attached to the ninth 
judicial circuit. There shall be appointed for each of said districts 
one district judge, one United States attorney, and one United States 
marshal. The judge of each of said districts shall receive a yearly 
salary the same as other similar judges of the United States, pay¬ 
able as provided for by law, and shall reside in the district to which he 
is app>ointed. There shall be appointed clerks of said courts, who shall 
keep their offices at said Albuquerque and Phoenix in said State. The 
regular terms of said courts shall be held in said districts, at the places 
aforesaid, on the first Monday in April and the first Monday in Novem¬ 
ber of each year, and one grand jury shall be summoned in each year in 
each of said circuit and district courts. The circuit and district courts 
for said districts, and the judges thereof, respectively, shall possess the 
same j)oivers and jurisdiction and perform the same duties required to 
be performed by the other circuit and district courts and judges of the 
United States, and shall be governed by the same laws and regulations. 
The marshal, district attorney, and clerks of the circuit and district 
courts of said districts, and all other officers and j)ersons performing 
duties in the administration of justice therein, shall severally possess 
the powers and perform the duties lawfully possessed and required to 
be performed by similar officers in other districts of the United States, 
and shall, for the services they may perform, receive the fees arid compen¬ 
sation now allowed by law to officers performing similar services for the 
United States in the Territories of Arizona and New Mexico, respectively. 

Sec. 38. That all cases of appeal or writ of error heretofore prose¬ 
cuted and now pending in the Supreme Court of the United States upon 
any record from the supreme court of either of said Territories, or that 
may hereafter lawfully be prosecuted upon any record from said courts, 
may be heard and determined by said Supreme Court of the United 
States. And the mandate of execut ion or offurther proceedings shall 
be directed by the Supreme Court of the United States to the circuit or 
district courts, respectively, hereby established within the said State 
or to the supreme court of such State, as the nature of the case may 
require. And the circuit, district, and State courts herein named 
shall, respectively, be the successors of the supreme courts. of the 
said Territories as to all such cases arising within the limits of 
embraced within the jurisdiction of such courts, respectively, with f ull 
power to proceed with the same and award mesne or final process therein; 


10 


STATEHOOD BILL. 


and that from all judgments and decrees of the supreme^ courts of the 
said Territories mentioned in this Act, in any case arising within the 
limits of the proposed State prior to admission, the parties to such judg¬ 
ment shall have the same right to prosecute appeals and writs of error 
to the Supreme Court of the United States or to the circuit court of 
appeals as they shall have had by law prior to the admission of said 
State into the Union. 

Sec. 39 . That in respect to all cases, proceedings, and matters 71010 
pending in the supreme or district courts of the said Territories at the 
time of the admission into the Union of the said State, and arising 
within the limits of such State, whereof the circuit or district courts by 
this Act established might have had jurisdiction under the laws of the 
United States had such courts existed at the time of the commencement 
of such cases, the said circuit and district courts, respectively, shall be 
the successors of said supreme and district courts of said Territories, 
respectively; and in respect to all other cases, proceedings, and matters 
pending in the supreme or district courts of the said Territories at the 
time of the admission of such Terr itor ies into the Union, arising within 
the limits of said State, the co arts established by such State shall, respec¬ 
tively, be the successors of said supreme and district Territorial courts; 
and all the files, records, indictments, and proceedings relating to amj 
such cases shall be transferred to such circuit, district, and State courts, 
respectively, and the same shall be proceeded with therein in due course 
of law; but no writ, action, indictment, cause, or proceeding now 
pending, or that prior to the admission of the State shall be pending, 
in any Territorial court in said Territories shall abate by the admis¬ 
sion of such State into the Union, but the same shall be transferred 
and proceeded with in the proper United States circuit, district, or 
State court, as the case may be: Provided, however. That in all civil 
actions, causes, and pi'oceedinqs in which the United States is not a 
party transfers shall not be made to the circuit and distinct courts of 
the United States except upon cause shown by written request of one of 
the parties to such action or proceeding filed in the proper court; and 
in the absence of such request such cases shall be proceeded with in the 
proper State courts. 

Sec. If). That the constitutional convention shall by ordinance pro¬ 
vide for the election of officers for a full State government, including 
members of the legislature and two Representatives in Congress, at the 
time for the election for the ratification or rejection of the constitution; 
one of which Representatives shall be chosen from a Congressional dis¬ 
trict comprised of the present Territory of Arizona, to be known as the 
First Congressional district, and the other from a Congressional dis¬ 
trict comprised of the remainder of said State, to be known as the Sec¬ 
ond Congressional distinct; but the said State government shall remain 
in abeyance until the State shall be admitted into the Union as proposed 
by this Act. In case the constitution of said State shall be ratified by a 
majority of the qualified voters of said Territories voting at the elec¬ 
tion held therefor as hereinbefore provided, but not otherwise, the legis¬ 
lature thereof may assemble at Santa Fe, organize, and elect two Sen¬ 
ators of the United States in the manner noiv prescribed by the laws of 
the United States; and the governor and secretary of state of the pro¬ 
posed State shall certify the election of the Senators and Representatives 
in the manner required by law, and when such State is admitted into 
the Union, as provided in this Act, the Senators and Representatives 


STATEHOOD BILL. 


11 


shall be entitled to be admitted to seats in Congress and to all rights and 
'privileges of Senators and Representatives of other States in the Con¬ 
gress of' the United States; and the officers of the State government 
formed in pursuance of said constitution , as provided by the constitu¬ 
tional convention , shall proceed to exercise all the functions of State 
officers; and all laws of said Territories in force at the time of their 
admission into the Union shall be in force in the respective portions of 
said State until changed by the legislature of said State , except as 
modified or changed by this Act or by the constit ution of the State; and 
the laws o f the United States shall have the same force and effect within 
the said States as elsewhere within the United States. 

. Sec. hi. That the sum of one hundred and fifty thousand dollars , or 
so much thereof as may be necessary , is hereby appropriated , out of any 
money in the Treasury not otherwise appropriated , for defraying all 
and every hind and character of expense incident to the elections and 
conventions provided for in this Act; that is, the payment of the expenses 
of holding the election for members of the constitutional convention and 
the submission of the guest ion of joint statehood and the election for the 
ratification of the constitution , at the same rates that are paid for simi¬ 
lar services under the Territorial laws , respectively , and for the payment 
of the mileage for and salaries of 'members of the constitutional conven¬ 
tion at the same rates that are paid the said Territorial legislatures 
under national law , and for the payment of all proper and necessary 
expenses , officer's , clerks , and messengers thereof \ and printing and other 
expenses incident thereto: Provided , That any expense incurred in excess 
of said sum of one hundred and fifty thousand dollars shall be paid by 
said State. The said money shall be expended under the direction of 
the Secretary of the Interior , and shall be forwarded , to be locally 
expended in the present Territory of Arizona and in the present Terri¬ 
tory of New Mexico , through the respective secretaries of said Territories , 
as may be necessary and proper, in the discretion of the Secretary of the 
Interior , in order to carry out the full intent and meaning of this Act. 

Restore the title so as to read: 

An Act to enable the people of Oklahoma and of the Indian Terri¬ 
tory to form a constitution and State government and be admitted into 
the Union on an equal footing with the original States; and to enable 
the people of New Mexico and of Arizona to form a constitution and 
State government and be admitted into the Union on an equal footing 
with the original States. 

And the Senate agree to the same. 

E. L. Hamilton, 

A. L. Brick, 

John A. Moon, 

Managers on the part of the House. 

Albert J. Beveridge, 

Wm. P. Dillingham, 

T. M. Patterson, 

Managers on the part of the Senate. 


STATEMENT OF THE MANAGERS ON THE PART OF THE HOUSE. 

The managers on the part of the House at the conference on the dis¬ 
agreeing votes of the two Houses on the amendments of the Senate to 
the bill H. R. 12707, to enable the people of Oklahoma and of the 
Indian Territory to form a constitution and State government and be 
admitted into the Union on an equal footing with the original States; 
and to enable the people of Arizona and New Mexico to form a con¬ 
stitution and State government and be admitted into the Union on an 
equal footing with the original States, submit the following detailed 
statement in explanation of the effect of the action agreed upon and 
recommended in the conference report, namely: 

Amendments numbered 1 to 15, inclusive, all in section 2 of the bill, 
relate to the election of delegates to the constitutional convention in 
Oklahoma. 

The Senate recedes from amendments numbered 1, 2, 3, 4, 5, 7, 
and 13. 

The House recedes from its disagreement to amendments numbered 
9, 10, 12, 14, and 15, and agrees to the same. 

The House recedes from its disagreement to the amendments of the 
Senate'numbered 6, 8, 11, and 16,.and agrees to the same with amend¬ 
ments. 

The effect of the agreement on these 15 amendments is to provide 
for the election of delegates to a constitutional convention of the peo¬ 
ple of the proposed State of Oklahoma, such delegates to be 112 in 
number, 55 to be elected by the people of the Territory of Oklahoma, 
55 by the people of the Indian Territory, and 2 by the people of the 
Osage Indian Reservation, with a provision for establishing voting 
precincts in said Osage Indian Reservation; also provisions for dis¬ 
tricts in Oklahoma and the Indian Territory, from which districts such 
delegates to said constitutional convention shall be elected. Amend¬ 
ment numbered 15 is a provision similar in character to the provisions . 
of the House bill on the same subject, and provides in detail the elec¬ 
tion machinery for election of all delegates to the constitutional conven¬ 
tion and for laws governing the same. 

The House recedes from its disagreement to the amendment of the 
Senate numbered 16, and agrees to the same with an amendment to 
the effect that the capital of the proposed State of Oklahoma shall 
temporarily remain at Guthrie and not be changed therefrom till after 
1913, and provides that no State moneys shall be appropriated for the 
erection of public buildings there for capital purposes during that 
period, except as shall be necessary for the convenient transaction of 
public business of the State at said capital. 

That the House recede from its disagreement to the amendment of 
the Senate numbered 17 and agree to the same with an amendment 

12 


STATEHOOD BILL. 


13 


which does no more than to change the words of the original Houise 
text, without any change in the effect of the House provision. 

The House recedes from its disagreement to the Senate amendments 
numbered 18, 21, and 22, and agrees to the same. These are all verbal 
changes and additions of words without altering the intended effect of 
the House bill. 

The House recedes from its disagreement to the amendments of the 
Senate numbered 19 and 20 and agree to the same. These amend¬ 
ments provide for the sale and use of alcohol in the part of the pro¬ 
posed State now covered by Indian Territory and in certain Indian 
reservations in Oklahoma by apothecaries, to be used by them in com¬ 
pounding medicines, and regulates its use by them and provides for a 
bond that it shall not be used for other purposes. 

The House recedes from its disagreement to Senate amendment 
numbered 26, which is a slight and immaterial change as to the time 
of payments of interest on State funds. 

The House recedes from its disagreement to the Senate amendment 
numbered 27, and agrees to the same with an amendment which elimi¬ 
nates all of said Senate amendment numbered 27 and provides by an 
amendment that all State lands valuable for minerals, including gas 
and oil, shall not be sold by the State of Oklahoma prior to 1915, but 
that such lands may be leased for mineral purposes for periods not to 
exceed five years, which leasing must be made by public competition, 
advertised for not less than thirty days, under sealed bids, and awarded 
to the highest responsible bidder, who shall pay a fixed royalty in 
addition to the bonus offered in his bid, such leases not to be transferred 
without consent in writing by the proper officer of the State; and that 
an agricultural lessee of such mineral lands shall be reimbursed by the 
mining lessee for all damage done to his leasehold interest by such 
mining operations. The legislature of the State may legislate upon 
the subject, not in conflict with this act. 

The House recedes from its disagreement to the amendment of the 
Senate numbered 28, which is a slight and immaterial verbal change 
explanatory of text. 

The House recedes from its disagreement to the amendments of the 
Senate numbered 29, 30, 31, 32, 33, and 34, and agree to the same. 

These amendments add Tulsa and Chickasha to the court towns pro¬ 
vided for in the House bill and arrange for terms of court to be held 
at such additional places. 

The House recedes from its disagreement to the amendments of the 
Senate numbered 35 and 36. These are verbal changes merely and do 
not change the intent of the House provision in relation to the fees of 
officers of the Federal courts, which is the subject of the clause amended. 

The Senate recedes from its amendments numbered 37 and 38, leav¬ 
ing the House bill unaltered in the matter to which such amendments 
relate. 

The House recedes from its disagreement to the amendment of the 
Senate numbered 39, and agrees to the same. 

This amendment provides that the Osage Indian Reservation shall 
be and remain one county until its lands are allotted in severalty, and, 
further, until changed by the legislature of Oklahoma. 

The House recedes from its disagreement to the amendment of the 
Senate numbered 10, and agrees to the same with an amendment, to 


14 


STATEHOOD BILL. 


which the Senate agrees, and which amendment agreed to reinstates the 
original text of the House bill on the subject of statehood for Arizona 
and New Mexico, with certain changes to the effect as follows: 

That at the general election in Arizona and New Mexico on Novem¬ 
ber 6, 1906, the qualified voters in said Territories are authorized to 
choose delegates to form a constitutional convention for said Territories, 
said convention to consist of 110 delegates, 66 from New Mexico and 
44 from Arizona. 

Tt is provided that at the same general election, on the same ballots 
on which are printed the names of candidates for delegates to the con¬ 
stitutional convention, there shall also be submitted the following 
question: 

“Shall Arizona and New Mexico be united to form one State?” 

Upon this question electors may vote yes or no. If a majority of 
the qualified voters in both of the Territories vote for joint statehood, 
the Territories will be admitted as the State of Arizona as provided in 
the other sections of the bill, but if a majority of the qualified voters 
in either Territory vote against joint statehood, the sections of the bill 
relating to Arizona and New Mexico shall be of no effect, except sec¬ 
tion 41, which provides tor the expenses of the election. 

Provision is made for the election of delegates and for the ascertain¬ 
ment and certification of the result of the election substantially in 
accordance with the provisions of the House bill. 

A further effect of the action on amendment numbered 40 is to 
restore the title of the bill as it was when the bill passed the House. 

The other provisions of the conferees’ amendment agreed to, rela¬ 
tive to the subject of statehood for Arizona and New Mexico, desig¬ 
nated as amendment numbered 40, follow the original provisions of 
the House bill, with a few immaterial changes. 

E. L. Hamilton, 

A. L. Bkick, 

John A. Moon, 

Managers on the part of the House. 


O 







ARY OF CONGRESS 



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